KENT SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

L. Hangeki filed this request with the Kent School District of Kent, WA.
Tracking #

22-23-62

22-23-63

Due Dec. 5, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: L. Hangeki

KENT SCHOOL DISTRICT – (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020

Via email: PublicRecords@Kent.k12.wa.us

To Whom It May Concern:

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2020 can be excluded from this request.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

From: Kent School District

The district is in receipt of your request for records, please expect an installment on or before January 7, 2022. Please expect an estimated cost for the records before that date.

Sincerely,
Tyler

From: Kent School District

Good Afternoon,

For the following request: 1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2020 can be excluded from this request.

Based on the information provided, the estimated preliminary cost is $62.50 with a 10% deposit of $6.50.
The attached form will direct you to Kent School District's online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-62

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and

4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Any applicable copying costs must be received by the District before the District discloses records. Additionally, District Procedure 4040P and RCW 42.56.120 authorize the District to require a deposit of up to ten percent of the total estimated costs of providing copies for a request.

If you would like to narrow your scope or provide additional information to help reduce the amount, please let us know.

Sincerely,

[cid:image001.png@01D91F7F.88457020]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent's Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: Kent School District

Good Afternoon,

For the following request: Apologies for the TYPO. CORRECTED REQUEST IS AS FOLLOWS:

KENT SCHOOL DISTRICT - (2021) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2021
Based on the information provided, the estimated preliminary cost is $87.50 with a 10% deposit of $8.75.
The attached form will direct you to Kent School District's online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-63

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and

4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Any applicable copying costs must be received by the District before the District discloses records. Additionally, District Procedure 4040P and RCW 42.56.120 authorize the District to require a deposit of up to ten percent of the total estimated costs of providing copies for a request.

If you would like to narrow your scope or provide additional information to help reduce the amount, please let us know.

Sincerely,

[cid:image001.png@01D91F80.A15FB7E0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent's Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: L. Hangeki

Hello,

Please detail and justify your $87.50 fee request in detail. Thank you

From: Kent School District

Good Morning,

Our sincere apologies, we sent you the deposit information for the same request for the 2021 SY. For your request below please see the corrected deposit amount. The preliminary amount is based on the estimated responsive records to your request which at this time is around 5,000 items.

For the following request: 1. I request a complete electronic copy of all Public Records Requests received by your agency in the year 2020 and a complete electronic copy of your agency's Responses to each of these Public Records Requests for the year 2020.

Note: Parents and students seeking GRADES and/or TRANSCRIPTS in the year 2020 can be excluded from this request.
Based on the information provided, the estimated preliminary cost is $62.50 with a 10% deposit of $6.50

Sincerely

[cid:image001.png@01D921BD.41EB8570]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: L. Hangeki

01-07-2023

Via email: PublicRecords@Kent.k12.wa.us

Hello,

What does "The preliminary amount is based on the estimated responsive records to your request which at this time is around 5,000 items." mean?

Fees are not assessed PER ITEM. Again please provide a DETAILED request for fees in compliance with the law.

Thank you.


From: Kent School District

Good Morning,

Thank you for your email, your request is for the following: (2020) Request for a complete electronic copy of all Public Records Requests received by the District including the District Responses for the year 2020.

The preliminary 5,000 responsive items includes but is not limited to all emails, pdfs, excel spreadsheets, links, and photos that have been sent in response to a request.

The extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:

1. Ten cents per page for public records scanned into an electronic format or for the use of district equipment to scan the records;

2. Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;

3. Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of district equipment to send the records electronically; and
4. The actual cost of any digital storage media or device provided by the district, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.

Please see where it states every four electronic documents is five cents. Each email when downloaded from our server is considered an electronic document. Each responsive pdf, photo, spreadsheet is considered an electronic document per RCW 42.56.120.

Sincerely,

[cid:image001.png@01D92414.0613B140]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: L. Hangeki

01-07-2023

Via email: PublicRecords@Kent.k12.wa.us

Hello. This is an important distinction in fee calculation. You state "Please see where it states every four electronic documents is five cents." However this is not true.

The statute and policy does not say "electronic document."

What it ACTUALY says is "Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery;"

Electronic files and attachments. One email does NOT equal 1 document or 1 page for the purposes of fee calculations.

Some agencies have chosen to adopt 1 email = 1 file and ignore .zip compression and calculation of fees per MB which is what the statute calls for in delivery of electronic files.

Please provide a fee calculation taking into account .zip compression with the per MB fee multiplier.

Thank you.

From: Kent School District

Good Afternoon,

The district charges five cents per every four electronic documents. Please review District Procedure 4040P as afforded under RCW 42.56.120. For your convenience see attached instructions for payment.

Have a nice day.

Sincerely,

[cid:image001.png@01D92433.F13625D0]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: L. Hangeki


01-13-2023

Via email: PublicRecords@Kent.k12.wa.us

You first quoted fees of $82.50 then changed that to $62.50 with no explanation. I have reviewed your "policy" and the law. When producing these ELECTRONIC documents your should be calculating fees based on the SIZE of the final .zip archive you are sending. You are not doing this. Are you proposing to send each electronic file individually? You would need to attach to email all 5000 file separately.

Again, please explain your fee request and justify your production process in regards to fees.

Thank you.

From: Kent School District

Good morning,

We are in receipt of your email.

As previously explained, there was an error when we responded to you providing you the estimate. We have your request for the year 2020 as well as one for the year 2021. The year 2020 preliminary cost is $62.50 and the year 2021 is $82.50.

Additionally, the extent of the charges is based on the amount of electronic records that are responsive to your request.

Per District Procedure 4040P and RCW 42.56.120, the District charges the following fees for electronic copies of records:
(i) Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of agency equipment to photocopy public records;
(ii) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(iii) Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery; and
(iv) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The agency shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations; and
(v) The actual cost of any digital storage media or device provided by the agency, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge.
(c) The charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

Each email is an electronic record, and we will be sending them each as their own pdf. Furthermore, please see where it states in subsection C where charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request. So we actually have the authority to charge five cents per every four records as well as charge you for the transmission of records per gigabyte.

For your convenience, please see attached Kent School District’s online payment account system. Once you make your deposit, you will receive a receipt for the payment. Your Public Records number is 22-23-62

At this time we have provided you the utmost assistance.

Sincerely,

[cid:image001.png@01D92A58.21C75320]<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
Tyler Inboden (She/Her)
Public Records Officer
Superintendent’s Office | Kent School District<https://us-east-2.protection.sophos.com/?d=kent.k12.wa.us&u=aHR0cDovL3d3dy5rZW50LmsxMi53YS51cy8=&e=bGJyYXppbGVAa3Vvdy5vcmc=&h=d6ef8f34c41045f7a123e0f865a2f995&t=bnZCSVU5eEZ0Uy9VSlJ3eG5kU3VUdFBSN3NqWFl3MXBHQ2ZYWVBRMUhVRT0=>
12033 SE 256th Street, A-100, Kent, WA 98030-6503
O: (253) 373-7218 | Tyler.Inboden@kent.k12.wa.us<mailto:Tyler.Inboden@kent.k12.wa.us>

CONFIDENTIALITY NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.

From: L. Hangeki

01-18-2023

Via email: PublicRecords@Kent.k12.wa.us

1. This public records request is for the year 2020 only. I did not request records for year 2021.

"Each email is an electronic record, and we will be sending them each as their own pdf. Furthermore, please see where it states in subsection C where charges in (b) of this subsection may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request. So we actually have the authority to charge five cents per every four records as well as charge you for the transmission of records per gigabyte."

2. I requested records in their NATIVE format. You are suggesting you TRANSFORM email records from their NATIVE FORMAT .pst in this case to .pdf and then apply fees on a per email basis. This was not requested.

3. Your policy of double charging is not supported by law.

Please recalculate fees in accordance WITH THE ORIGINAL PRA REQUEST and provide a detailed invoice. Year 2020 only, native electronic format, .pst for email (before or after redaction) and then apply fees uploaded to the cloud and PER GIGABYTE.

Thank you.

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